Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1887-04-02


piuY any ether competent attorney cf
the county where suit is to be bloiight,
WHO -iiai! receive reasonable fee OF
not less than len nor more than one
thousand dollars, To Dr hS"d by Tie
court and taxed as costs III the case.
No suit commenced by said commits
sloHer, shall DC dismissed, except said
commissioners aud the attorney prose-
cutting the suit shall consent thereto.
Sec. 10. Any railroad corporatina
| guilty of cEturtiou, or making any un-
just discrimination as 10 freight rates,
or rates Tor the use aud transportation
of a1v railroad cars, or in receiving,
handling aud delivering lreights, shall,
npun conviction thereof, forfeit and
pay SUN not less than one thousand
| dollars t5- $500 nor more than Eve
| thousand dollars 80. .Q00) for the first
| otfcnse; noi less than five thousand dol
| lars (S5 5,UuU) nor more than leu thou
sand dollars iSIJ,0G0) for the secnni
| oiIeuee; NOT less than ton thousand dol
lars $50 ,U1O) nor more tnsn tifteen
thousand dollars (sij,0UVl tor each
| subsequent offense.
Sec. ~. The forieiture5 and penal
| tics provided for in the preceding sec
| tion NAV bc recovered by civil action,
| ia lie name OF the state of Missouri,
and there may oe several counts joined
III The same petition, as to extortion and
| unjust Discrimination, aud as 10 freight
| rates and rates for the use and transpOr-
| tation Of railroad cars, aud tor receiv-
| ing, haniiing or delivering freighta If
apOn the trial 0i any such cause the
| incy shall iina Tor the state, they shall
| assess md return with their verdict the
amount OF the penalty to be imposed
apon the defendant at any sum not less
than ) 600 nor more than $4,000 for
the first offense, and the court shall
render judgment accordingly; and If
he jury shall find for the state, and
| that the defendant has been once before
found guilty OF extortion or unjust dis
,riminsliou. they shall return such find
Jug with their verdict, and assess and
return with their verdict the amount OF
the penalty 10 be imposed upon the de-
iendani in amy sum not less than S5 900
nor more than $4,000, and the court
; shall render Judgment accordingly;
g, aud if the jury shall find for the stale,
e and that the defendant has been twice
before found guilty at eXtoriion o: un-
just discrimination, they shall return
|! such finding with their verdict, and
i shall assess and ie'' II ith their ver-
:, ,lict the amount vi ti., penalty to be
= imposed Oh the defendant in any sum
: not less than $4,000 nor more than
z | Sl5, 900, and in like manner tor each
q subsequent offense the defendant shall
II be iiable to forfeit and pay not less than
" SIC, 900 nor more than $4,000: Pro-
= rided, that in all proceedings for the
+ recovery OF the penalties tor extortion
is or unjust discrimination prepoDder-
III ance of evidence in favor Of the state
~ hal IN, HfctA TO a iot
n, and Judgment for the state.
at Sec. 2l. L! any railroad corporation
IL shall, in violation of any of the pro-
n visions Of this act, ask, demand, charge
sn Or receive of any person or corpora
a. ton, auy extortiona.e charge or charges
oi foy tue transportation of any trei2hts,
il or for receiving, handling or deliver
Oh ing frclght-, or shall make any unjust
li- discrimination against any person or
re corporation in its charges therefor, or
shall, in violation OF any OF the pro-
he visions of this act, inflict any wrong or
Iiy injury on any person or corporation,
he the person or corporation so offended
Inv against may, for each offense, shovA 9
re-. right of action and recovery theHe1ge Il
on any court having jurisdiction ers
,r- aud the damages to be recovered t14E
,s be the same as in actions betw66n IN
nv dividuals, together with costs of sui,
is- aud reasonable attorneys fee, to be
mt fixed by the court, except that in casei
,ty of wi!liai violation OF law such rail.
ely road corporations shall be liable % -
nd emplary damages. a,s.,.s ...,.s {.
?s- ;s- .Asii ssSi ds & ssss Z saE '
ers anJ An, Ib1ztoC -
ID. hi6tteA; oSsd9cI1 RI j 4 - =
his omit 10 do any e1tr ,Qdss 4. ~, E.
no this act required to BA d6h6s
nd poralion, in all cases not hcretnUsueD
,ix- wise provided for, shall, upon coDvic
mn ton thereof, forfeit and pay sum no
an less than one thousand dollars no
.i,v more than ten thousand dollars.
oks Sec. % If any director, officer, re
,ra ceiver, trustee, lessee, agent, or perso
and acting for or employed by any railroa
OF corporation alone or with any othe
her corporation, company, person or party
ise. shall wilifully do, or cause 10 be done
M or shall illinglv snffer or permit
on- be done. any act, matter or thing
car this act prohibited or declared to B
sct Hnlu " full, or shall aid or abet therein
are OF shaii "iliiuiiy omit OF iaii ~ no MI
axe act matter or thing in this act require
pu- to be done, or shall cause or willingl
ION. suffer or permit any act, matter {
rein thing SO directed or required bv tn
en-. act to be done, not 10 be so done, {
uIa shall aid or abet any such omission {
any failure. or shall be guilty of any ir
the fraction of this act, or shall aid or alb
that therein, he shall be deemed guilty OF
nav misdemeanor, and shall, upon cOnvi
ing ton thereof, in all cases not hefe1
nch other wise provided for, DO 'u1ss3i..
ey;-, bj 6ne of Re More s(ianfo6D -
,sed sssd doHays, " t9y 1zn4e3oonunoot1 81
sny the-eonnty jail Bot1snofe than ono yea
,ehy or by both such fine and imprisol
con. nent.
urn Sec. "a The terms "railroad corpo
,Iac. atom or "railroad company" CO
.ail- tanned in this act, shall be deemed ~
tor taken to mean all corporations, con
Give pahies or individuals now owning
bv operating, or which may hereafter oW
or operate any railroad, in whole or
en- part, III 'his state, anu tho p'of'Sio'
who of this act shall apply to all persou
fnr- firms and companies, and TO all assoc
mir. ations of persons, whether incorpora
"a ed or otherwi ise, that shall do busine
act as common carriers upon any of Il
snd lines of railroad i'll this state s(stre
rnot railways excepted) the same a. to t11
70 of road corporations hereinbefore Do
,c,n toned. The term "rsilrosd d d
e.n. in this act, shall include all bridgebAd
lass ferries used or operated in connecae
live with any railroad, and also all the roi
4 in Ia use by any corporation operating
,esr. railroad, whether owned or operat,
and under contract, agreement or leas
and the term transportation shall j
rro- clude ali instrumentaltles Of shipme
ence or carriage.
ions Sec. %. Sections SSS, 1874 and s42
dad the Revised Statutes of 1879, and on
nrnS such other acts and parts of acts as u
nro. inconsistent with the provisions of IL
the act, are hereby repealed.
,an, ni.n THE GOVERNORS P2OOLANATI0
pro- EXECUTIVE DEPARTMENT,
the CITY OF JEFFERSON.
hmc- By virtue of the authority in Z
z; As yested by the constitution of the Sta
!yen OF Missouri. |, John s. Marmadui
Ions, governor o! the state OF Missouri,
1 as hereby convene the Thirty -four
such General Assembly of the state of Mi
with souri, in extra session, aud do here